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You wont be able to sell the home until probate has been granted. Although you may put the property on the market, contracts cant be exchanged so your buyer will need to be prepared to wait. It usually takes six to eight weeks for probate to come through, although it can take longer in more complex cases.
California law says the personal representative must complete probate within one year from the date of appointment, unless s/he files a federal estate tax. In this case, the personal representative can have 18 months to complete probate.
Spouse and children Surviving spouse inherits all the community property and 1/2 of the separate property. The amount of separate property inherited depends on the number of surviving children. Parents but no children, spouse, or siblings Surviving parents receive all the decedents assets.
Upon death of the transferor, the beneficiary must file a Change in Ownership Statement with the county assessor within 150 days of date of death in with Revenue and Taxation Code section 480(b).
A Spousal Property petition is a way to transfer or confirm property to a surviving spouse without a full probate proceeding. It can usually be done with only one hearing in the court. If the decedents estate is not complicated, the petition can settle questions about title or ownership of property.
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California is a community property state, which means that following the death of a spouse, the surviving spouse will have entitlement to one-half of the community property (i.e., property that was acquired over the course of the marriage, regardless of which spouse acquired it).
California Probate code section 13500 refers to property passing to the surviving spouse without administration.
315, which amends existing law by, among other things: (1) extending the sunset date governing the effectiveness of new transfer on death (TOD) deeds from January 1, 2022, to January 1, 2032, (2) redefining and newly defining terms such as beneficiary, real property, subscribing witness, and unsecured debts; (3

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